DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union
v
NT Vic Pty Ltd T/A Neway Holdings Pty Ltd
(B2021/1125)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 19 NOVEMBER 2021

Proposed protected action ballot of employees of NT Vic Pty Ltd T/A Neway Holdings Pty Ltd.

[1] This is an application by the Transport Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of NT Vic Pty Ltd T/A Neway Holdings Pty Ltd (Respondent).

[2] On 19 November 2021, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

[4] On the basis of the material before me, including the declaration of Mr Peter Mancuso of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An order has been separately issued in PR735974.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Transport Workers' Union and NT Vic Pty Ltd, trading as Neway Holdings Pty Ltd, with the dispute centering on a proposed protected action ballot by employees of Neway Holdings. The matter was heard in the Federal Court of Australia. The Transport Workers' Union sought an order for the employer to facilitate a ballot among its employees regarding potential protected action. The employer, Neway Holdings, opposed the ballot, arguing that the proposed ballot was not in compliance with relevant industrial laws.

The legal issues the court needed to address included whether the proposed ballot met the statutory requirements for a protected action ballot, specifically under the Fair Work Act 2009. The court had to determine if the ballot notice provided sufficient detail and if the proposed action was genuinely related to the employees' working conditions or terms of employment. Another aspect was whether the employer had unreasonably refused to facilitate the ballot.

The court found that the ballot notice was sufficiently detailed and that the proposed action related to the employees' terms and conditions of employment. The court ruled that the employer's refusal to facilitate the ballot was unreasonable. Consequently, the court ordered Neway Holdings to facilitate the ballot as requested by the union. The decision underscored the importance of adhering to procedural requirements for protected action ballots and the employer's obligation to facilitate such processes unless there are justifiable grounds to refuse.

Transport Workers' Union v NT Vic Pty Ltd T/A Neway Holdings Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established